Contract Termination Help Please

[scalyback]

I am currently in a contract that has a clause stating "The company acknowledges and agrees that it shall not have the right to terminate this Agreement for any reason to the end date of this Agreement other than for a material breach of this Agreement..." The Agency has the right to terminate with 7 days notice. I am weekly paid surely I can give a months notice and leave the contract. The fact that I am sat 6 weeks into a 3 month contract still waiting for SC clearance is another matter.

I have no real job or work to do until my clearance comes through and have applied for and successfully interviewed for a new role starting in the New Year.

Can I leave?

Constructive comments most welcome.

[psychocandy]

I am currently in a contract that has a clause stating "The company acknowledges and agrees that it shall not have the right to terminate this Agreement for any reason to the end date of this Agreement other than for a material breach of this Agreement..." The Agency has the right to terminate with 7 days notice. I am weekly paid surely I can give a months notice and leave the contract. The fact that I am sat 6 weeks into a 3 month contract still waiting for SC clearance is another matter.

I have no real job or work to do until my clearance comes through and have applied for and successfully interviewed for a new role starting in the New Year.

Can I leave?

Constructive comments most welcome.

Are they still paying you? If so, dont worry....

Although, I'm sure someone will say it but getting paid for no work is a bit of an IR35 pointer when it comes to MOO. But it happens to a lot of people so if you're getting paid dont worry.

I've found that clients are organised to a varying degree when contractors start. It never ceases to amaze me how much they waste cos they havent sorted out passes, desk etc.
Although taking on a contractor whos not already SC for a SC role seems a bit unusual....

Just a though - you are a proper contractor not on a PAYE short term crap thing?

Another thing is you did sign this contract with no notice period. Could have negotiated this at the beginning and told them no. After all, agency is laughing now cos they've got you with no notice period so you cant leave them high and dry but they can do what they want if it suits them.

[malvolio]

I am currently in a contract that has a clause stating "The company acknowledges and agrees that it shall not have the right to terminate this Agreement for any reason to the end date of this Agreement other than for a material breach of this Agreement..." The Agency has the right to terminate with 7 days notice. I am weekly paid surely I can give a months notice and leave the contract. The fact that I am sat 6 weeks into a 3 month contract still waiting for SC clearance is another matter.

I have no real job or work to do until my clearance comes through and have applied for and successfully interviewed for a new role starting in the New Year.

Can I leave?

Constructive comments most welcome.

So you're in contract but sat at home not being paid while waiting for your SC to come through before you're allowed to start? I'm guessing this is with a prime contractor, not an HMG department?

I should get hold of your line manager and ask why you can't either be put on the fast track for SC, or be given a dispensation to start work pending completion of clearance. He will need a very good reason not to do either unless there is some risk you won't get cleared. If they can provide informed oversight (i.e. you're not a sysadmin or comms guy) and/or keep you away from information you're not allowed to see, there's no reason you can't work on site, especially snce you once held DV. I mean. how well do these people know the sodding rules they are working with...

Contractually you're in a difficult position: the role is dependent on clearance but you have effectively started so you can't give notice. The only way out is for the client to terminate you by mutual agreement. But don't do that unless you are absolutely certain the other job is yours.

[northernladuk]

Although, I'm sure someone will say it but getting paid for no work is a bit of an IR35 pointer when it comes to MOO. But it happens to a lot of people so if you're getting paid dont worry.

You are wrong again. They could be paying to retain his services for when he get's clearance. That is different.

Anyway, the way I read the post is he is NOT getting paid and that is why he wants out. Could the OP clarrify?

I've found that clients are organised to a varying degree when contractors start. It never ceases to amaze me how much they waste cos they havent sorted out passes, desk etc.
Although taking on a contractor whos not already SC for a SC role seems a bit unusual....

If it was that unusual no one would have clearance. We should be cheering they are taking someone on without SC clearance as many people have been shouting about this for a long time. It is unusual as many agents are or close to breaking the law when advertising SC positions. I am surprised Mal didn't pick up on this one as this is a fave topic of his.

Just a though - you are a proper contractor not on a PAYE short term crap thing?

What makes you think that?

[TheFaQQer]

I am currently in a contract that has a clause stating "The company acknowledges and agrees that it shall not have the right to terminate this Agreement for any reason to the end date of this Agreement other than for a material breach of this Agreement..." The Agency has the right to terminate with 7 days notice.

OK - so the agency can terminate with 7 days notice, and your company can terminate if there has been a material breach.

I am weekly paid surely I can give a months notice and leave the contract.

The frequency of payments has nothing to do with it. Your company can terminate if there has been a material breach. If there hasn't, then your company cannot terminate the contract.

The fact that I am sat 6 weeks into a 3 month contract still waiting for SC clearance is another matter.

Indeed it is. It's nothing to do with whether you can terminate the contract or not. I'd be surprised if any judge found that waiting to be cleared was a material breach.

I have no real job or work to do until my clearance comes through and have applied for and successfully interviewed for a new role starting in the New Year.

Well done.

Can I leave?

Your company can terminate the contract if there has been a material breach. If there hasn't, then you cannot terminate the contract.

Constructive comments most welcome.

HTH.

[TheFaQQer]

Constructive comments most welcome.

Your contract does not give you the right to terminate unless there has been a material breach, so here's some things that you could try instead.

1) Try to agree mutual termination. That would be your best bet in the circumstances.

2) If you are not contracted to deliver specific deliverables, then you might be able to leverage the MOO clause in the contract - you are not obligated to accept any work that they offer, and they are not obligated to offer any work. Essentially, turn down the work that they are offering until the end of the contract / they terminate the contract. I don't expect that the client would understand this, though.

3) Exercise your right of substitution and get someone else in to do the work that they have for you, until you get the clearance. When the client says that this isn't good enough, then they can remedy the situation by terminating the contract, which is your way out.

4) Punch someone at work. They will terminate the contract for you.

[TestMangler]

Your contract does not give you the right to terminate unless there has been a material breach, so here's some things that you could try instead.

1) Try to agree mutual termination. That would be your best bet in the circumstances.

2) If you are not contracted to deliver specific deliverables, then you might be able to leverage the MOO clause in the contract - you are not obligated to accept any work that they offer, and they are not obligated to offer any work. Essentially, turn down the work that they are offering until the end of the contract / they terminate the contract. I don't expect that the client would understand this, though.

3) Exercise your right of substitution and get someone else in to do the work that they have for you, until you get the clearance. When the client says that this isn't good enough, then they can remedy the situation by terminating the contract, which is your way out.

4) Punch someone at work. They will terminate the contract for you.

Unfortunately, this doesn't always work

I've witnessed first hand a situation like this and the punchee got terminated and the puncher got extended, seriously

[Wobblyheed]

Get a "bad back" for the remainder of the contract

[TheFaQQer]

Unfortunately, this doesn't always work

I've witnessed first hand a situation like this and the punchee got terminated and the puncher got extended, seriously

In that case, the client sounds ace to work for - I'm in

[malvolio]

. We should be cheering they are taking someone on without SC clearance as many people have been shouting about this for a long time. It is unusual as many agents are or close to breaking the law when advertising SC positions. I am surprised Mal didn't pick up on this one as this is a fave topic of his.

Try reading what I posted for a change. Just a thought

Utterly pointless taking on uncleared people (even those with previous very high clearance) if you don't understand how to use them once they're in post. I was working at the current client for five months before the clearance came through

Which is one reason why I'm guessing this is some prime contractor's middle management cock up. Civil servants understand the rules, corporate SSOs usually don't.